Nghị định 39/2015/ND-CP

DECREE

ON CHILDBIRTH BENEFIT RECEIVED BY WOMEN BEING ETHNICS IN POOR HOUSEHOLDS UPON HER CHILDBIRTH IN ACCORDANCE WITH POPULATION POLICIES

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Gove gender equality dated November 29, 2006;

Pursuant to the Ordinance on population dated January 9, 2013;

At the request of the Minister of Health,

The Government issues a Decree on childbirth benefit received by women being ethnics in poor households upon her childbirth in accordance with population policies.

Article 1. Beneficiaries

A woman who is an ethnic or a Kinh person whose husband is an ethnic in a poor household and resides in a disadvantaged area (other than policyholder of compulsory social insurance) shall be eligible for the childbirth benefit if she gives birth in any of the following cases:

1. The woman gives birth to one child or two children;

2. The woman gives birth to her third child, if both spouses or one of them belonging to an ethnic group with a population of under 10,000 people or an ethnic group at risk of population decline (birth rate ≤ death rate) according to the official announcement of the Ministry of Planning and Investment;

3. The woman gives birth to triplets or more for her first time;

4. The woman had an offspring and gives birth to twins or more for her second time;

5. The woman gives birth for her third time or more, if she only has one alive offspring, even if such offspring is put up for adoption at her childbirth time;

6. The woman gives birth to the third child, if she has two offspring but one of them suffers from non-hereditary malformation or serious illness which is certified by Medical Examination Council of the province or the central government;

7. The woman gives birth to one child or two children, if she or her spouse has stepchildren (offspring);

8. The woman gives birth (regardless of number of children) for a childbirth time, if both spouses have stepchildren (offspring); not applying for case that both spouses have two mutual offspring or more and they are alive;

9. A single woman who is an ethnic in a poor household and resides in a disadvantaged area (other than policyholders of compulsory social insurance) gives birth (regardless of number of children).

Article 2. Quota, time and method of paying benefit

1. Quota: VND 2 million per person.

2. Time: From the first month after childbirth

3. Method: in cash and direct to the beneficiary. The beneficiary shall voluntarily commit in writing that she will not have more children, if not; she shall refund the received amount of support.

Article 3. Benefit budget

1. Benefit budget shall be allocated by local government’s budget from expenditure on social assurance as prescribed.

2. Central budget shall support local governments having difficulties in budget.

Article 4. Responsibilities of Ministries, agencies and local governments

1. The Ministry of Health shall take charge and cooperate with the Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs and relevant Ministries and agencies in implementation of this Decree.

2. People’s Committees of central-affiliated cities and provinces shall direct the implementation, inspection and assurance of budget funded to the beneficiary.

Article 5. Effect

This Decree comes into force from June 15, 2015.

Article 6. Implementation

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Presidents of the People’s Committees of central-affiliated cities and provinces shall implement this Decree./.